When a prenuptial agreement says “waiving all rights” it really means waiving all rights, including to an elective share even if the term elective share is not explicitly stated.
Continue Reading When a Prenuptial Agreement Says “Waiving All Rights”, It Really Does Mean Waiving All Rights
In high income cases, unlike alimony, which can be bigger numbers, child support is usually much less. Moreover, since even in high income/over guidelines cases, you have to start by
Continue Reading Was the Litigation for An Increase in Child Support Really Worth it When The Payor’s Income Only Went Up By $28,000?While there are always exceptions to the rule, unlike most other assets, though I have seen it happen, businesses are rarely divided 50-50. Yet there is very little case law
Continue Reading Appellate Division Provides Rationale as to Why Businesses are Rarely Divided 50-50
Over the past decade plus, I have written about the use, if not misuse/abuse of parent coordinators (PCs) many times on this blog. In fact, one of my most popular
Continue Reading NO – Judges Cannot Give Parent Coordinator’s Binding Decision Making Authority!
One of the more difficult scenarios to deal with during a divorce is when the higher earner who will likely have to pay alimony and child support, loses her/his job
Continue Reading Losing Your Job During a Divorce – A Cautionary Tale About Quitting While You’re Ahead
You see it all of the time. Someone file a motion with the court regarding discovery and/or asking for various pendente lite relief, like temporary support, temporary parenting time and
Continue Reading Have Judges Been Getting the Standard for Motions for Reconsideration Wrong All Along?
Last week, I blogged on the A.J.V. v. M.M.V. case, specifically, regarding the retroactive application of a savings component. As noted in the post, there was an interesting treatment of
Continue Reading How is Deferred Compensation that is Granted Pre-Complaint, but Vests Post-Complaint, Divided?
For many divorce attorneys, the busy season starts after the first of the year. For the last several years, I have posted on the phenomenon of the New Year’s Resolution
Continue Reading The New Years Resolution Divorce
More than 11 years ago, I wrote a post on this blog entitled The Abuse and Misuse of the Domestic Violence Statute. From the statistics, we can see that
Continue Reading If You Want to Keep Your Final Restraining Order, Maintaining a Sexual Relationship with the Defendant Is a Bad Idea
Yesterday, I blogged on the S.W. v. G.M. case in a post entitled More from the Appellate Division on Lifestyle, Foulas and the Concept of Income Equalization. In that blog,
Continue Reading Appellate Division Gives Guidance Regarding Life Insurance to Secure Alimony